Lauderdale slay suspect to be tried separately

One of three Fort Lauderdale men accused of beating a homeless man to death with a baseball bat almost two years ago will be tried separately from his co-defendants, a Broward judge ruled Wednesday.

Although Billy Ammons, 20, will have a separate jury, his case may be tried simultaneously with Brian Hooks, 20, and Thomas Daugherty, 19.

All three men have pleaded not guilty to first-degree murder in the Jan. 12, 2006, slaying of Norris Gaynor, 45, and to attempted murder in the beatings of two other homeless men, Jacques Pierre, 59, and Raymond Perez, 51. If convicted, the trio faces life in prison.

Newscasts showing surveillance-tape footage of Pierre's beating led to the arrests.

Broward Circuit Judge Cynythia Imperato also ruled she will not grant a change of venue until lawyers have tried, and failed, to seat a local jury unaware of the widespread publicity surrounding the crimes.

At Wednesday's hearing, defense attorneys began whittling away at evidence, indicating the case could be headed for trial as early as spring.

Attorneys said they are midway through taking the deposition of Joseph Griffith, 18, who accompanied the trio on the night of the crimes. Griffith has not been charged. They said they have about 10 depositions to go.Defense attorneys are gearing up to try to exclude the video evidence, along with witness identifications of Hooks and Daugherty made solely from viewing the footage.

"They are giving their clients a zealous defense," prosecutor Brian Cavanagh said after the hearing. "We're going to do our best, within the rules of evidence and our constitution, to make sure that the truth is brought into the courtroom, or as much as is admissible."

Daugherty's attorney, Michael Gottlieb, told the judge he plans to attack the surveillance footage. It is generally shot at 15 frames per second, versus the real time rate of 30 frames per second.

"If that's the case, then it's only showing half of what actually happened, and when you only show half, what you're doing is speeding it up and force and motion look much more severe," he said in an interview. "It has to be a true and accurate account."

Ammons will be tried separately because he gave a statement to police incriminated himself, Hooks and Daugherty. If prosecutors want to use his statement at trial, his co-defendants must be allowed to cross-examine him, Cavanagh said.

Cavanagh also said the state will not try to use evidence showing the three men had beaten a homeless woman two months before the fatal attack.

Imperato also ruled that jurors would be allowed to hear that Hooks and Daugherty fled the state after the beatings.

On the table for a Jan. 9 hearing are motions to: exclude DNA analysis showing that blood found in Ammons' Chevy Blazer belonged to him; suppress Ammons' statement to police, and try each offense separately.

Tonya Alanez can be reached at tealanez@sun-sentinel.com or 954-356-4542.